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"content": "The developing countries who are party to this Ratification of the Kigali Amendments on the Montreal Protocol on the Substances that Deplete the Ozone Layer will access financial and technical support provided under this Protocol. The Amendment does not pose any threats to our national interest as it enhances the provisions of the Montreal Protocol which Kenya is in the process of ratifying. The Convention is consistent with the Constitution and promotes constitutional values and objectives. It does not allude to any amendment of our Constitution and does not require Kenya to formulate any other laws. The Convention is complementary to the Climate Change Act and, therefore, its implementation would not hinder any domestic law. Article 16 of the Montreal Protocol establishes a finance mechanism to provide financial and technical co-operation including transfer of technologies to support the developing countries to implement this Protocol. And by adopting the ozone layer and climate- friendly technologies, there would be opportunities for job creation and more trainings on the same. Ratifying this Treaty will catalyse the realisation of clean and healthy environment aligned with the objectives of Kenya Climate Change Act, 2016, thereby, facilitating the realisation of Article 42 of our Constitution. Article 25 of the Constitution of Kenya 2010 provides that the general rule of international laws shall form part of the laws of Kenya while Article 26 of the Constitution provides that any treaty or convention ratified by Kenya shall form part of the laws of Kenya. Pursuant to Section 84 of the Treaty Making and Ratification Act, No.45 of 2012, the National Assembly may approve the ratification of the treaty with or without reservations. The Convention does not permit any reservation. The procedure for the approval of the treaties as outlined in Section 8 of the Treaty Making and Ratification Act of 2012 was adhered to as the Convention was submitted to the Speaker of the National Assembly with the memorandum of the Committee that conducted public participation. The Convention is consistent with Article 69(1) of the Constitution which provides the state with an obligation to eliminate processes and activities that are likely to endanger our environment. This is a very important ratification that we cannot do away with, other than accepting it for purpose of being relevant with other states. I, therefore, beg to move and call upon Hon. Mugambi Rindikiri, the Member for Buuri, to second."
}